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N.J.A.C. 5:28-1.1New Jersey Register, Vol. 49 No. XX, September 5, 2017New Jersey State Housing Code§ 5:28-1.1 ScopeThe provisions of this subchapter shall constitute the standards to guide the Public Officer or his agents indetermining the fitness of a building for human habitation, use, or occupancy.

Page 2 of 25N.J.A.C. 5:28N.J.A.C. 5:28-1.2New Jersey Register, Vol. 49 No. 12, June 19, 2017§ 5:28-1.2 DefinitionsThe words, terms or phrases listed below for the purpose of this chapter shall be defined and interpreted as follows."Administrative Authority" shall mean the department, branch or agency of this municipality which is authorized bythe adopting ordinance to administer the provisions of this chapter."Building" shall mean any building or structure, or part thereof, used for human habitation, use, or occupancy andincludes any accessory buildings and appurtenance belonging thereto or usually enjoyed therewith."Dwelling" shall mean a building or structure or part thereof containing one or more dwelling units or lodging units."Dwelling unit" shall mean any room or group of rooms or any part thereof located within a building and forming asingle habitable unit with facilities which are used, or designed to be used for living, sleeping, cooking, and eating."Garbage" shall mean the animal and vegetable and other organic waste resulting from the handling, preparation,cooking and consumption of food."Habitable room" shall mean a room or enclosed floor space within a dwelling unit used or designed to be used forliving, sleeping, cooking, or eating purposes, excluding bathrooms, water closet compartments, laundries, pantries,foyers or communicating corridors, closets, and storage spaces."Infestations" shall mean the presence, within or around a building, of any insects, rodents, or other pests."Local health agency" shall mean any county, regional, municipal or other governmental agency organized for thepurpose of providing health services, administered by a full-time health officer and conducting a public health officerprogram pursuant to law."Lodging house" shall mean any building, or that part of any building containing one or more lodging units, each ofwhich is rented by one or more persons not related to the owner."Lodging unit" shall mean a rented room or group of rooms, containing no cooking facilities, used for living purposesby a separate family or group of persons living together or by a person living alone, within a building."Occupant" shall mean any person or persons in actual possession of, and living in the building or dwelling unit,including the owner."Owner" shall mean any person properly authorized to exercise powers of, or for an owner of property for purposesof its purchase, sale, use, occupancy, or maintenance."Person" shall be given the same meaning as defined in R.S. 1:1-2 of the Revised Statutes of New Jersey."Plumbing fixtures" shall mean and include all installed receptacles or devices which are supplied with water orwhich receive or discharge liquid waste or sewage into the drainage system with which they are directly or indirectlyconnected."Public Officer" shall mean the officer or officers who are authorized by the adopting Ordinance to exercise thepowers prescribed by this chapter.

Page 3 of 25N.J.A.C. 5:28"Rubbish" shall mean and include all combustible and noncombustible waste material, except garbage."Utilities" shall mean and include electric, gas, heating, water and sewerage services, and equipment therefor.

Page 4 of 25N.J.A.C. 5:28N.J.A.C. 5:28-1.3New Jersey Register, Vol. 49 No. 12, June 19, 2017§ 5:28-1.3 Water supply(a) Every dwelling unit and lodging house shall be provided with a safe supply of potable water meeting thestandards as set forth in the New Jersey Safe Drinking Water Act regulations (N.J.A.C. 7:10-1 et seq.)published by the New Jersey Department of Environmental Protection.(b) The source of such water supply shall be approved by the New Jersey Department of EnvironmentalProtection and/or the local health agency.(c) The minimum rate of flow of hot or cold water issuing from a faucet or fixture shall not be less than onegallon per minute.

Page 5 of 25N.J.A.C. 5:28N.J.A.C. 5:28-1.4New Jersey Register, Vol. 49 No. 12, June 19, 2017§ 5:28-1.4 Facilities(a) Every dwelling unit shall contain a kitchen sink of nonabsorbent impervious material, at least one flush typewater closet, a lavatory, and a bathtub or shower, available only for the use of occupants of that dwellingunit.(b) Every lodging house shall be provided with a minimum of one flush type water closet, lavatory, and abathtub or shower for every eight persons or part thereof.(c) Every water closet, lavatory, and bathtub or shower for each dwelling unit or lodging house shall beaccessible from within the building without passing through any part of any other dwelling unit or lodgingunit and in a lodging house shall be located no farther than one floor above or below the lodging unitsserved. Such water closet, lavatory and bathtub or shower shall be contained in a room or rooms whichare separated from all other rooms by walls, doors, or partitions that afford privacy.(d) Every plumbing fixture shall be connected to water and sewer systems approved by the New JerseyDepartment of Environmental Protection and/or the local health agency, and shall be maintained in goodworking condition.(e) Every kitchen sink, lavatory, and bathtub or shower required by this chapter shall be connected to both hotand cold water lines.(f) Every dwelling shall have water heating facilities which are installed and maintained in good and safeworking condition, connected with the hot water lines required under the provisions of (e) above, andcapable of delivering water at a minimum temperature of not less than 120 degrees Fahrenheit and at amaximum temperature of not more than 140 degrees Fahrenheit at all times in accordance with anticipatedneed.

Page 6 of 25N.J.A.C. 5:28N.J.A.C. 5:28-1.5New Jersey Register, Vol. 49 No. 12, June 19, 2017§ 5:28-1.5 Garbage and rubbish storage(a) Garbage or other organic waste shall be stored in watertight receptacles of metal or other approvedmaterial. Such receptacles shall be provided with tight fitting covers. At least one approved type garbagereceptacle shall be provided for each dwelling unit, in accordance with N.J.A.C. 5:28-1.12(i).(b) Rubbish shall be stored in receptacles of metal or other approved material. At least one rubbish receptacleshall be provided for each dwelling unit, in accordance with N.J.A.C. 5:28-1.12(i).(c) Rubbish that does not include materials determined by local ordinance to be recyclable may be storedtogether with garbage in an approved type garbage receptacle, unless otherwise provided by ordinance.Recyclable materials shall be stored separately from non-recyclable materials.

Page 7 of 25N.J.A.C. 5:28N.J.A.C. 5:28-1.6New Jersey Register, Vol. 49 No. 12, June 19, 2017§ 5:28-1.6 Lighting(a) Every habitable room shall have at least one window or skylight facing directly to the outdoors. Theminimum total window or skylight area measured between stops, for every habitable room shall be eightpercent of the floor area of such room. Whenever walls or other portions of structures face a window ofany habitable room and are located less than three feet from the window and extended to a level abovethat of the ceiling of the room, such a window shall not be included in calculating the required minimal totalwindow area.(b) Every dwelling shall be provided with electric service.(c) Every habitable room shall contain at least two separate wall type electric convenience outlets, or one suchconvenience outlet and one ceiling or wall type electric light fixture. Every such outlet and fixture shall bemaintained in good and safe condition, and shall be connected to the source of electric power. Notemporary wiring shall be used except extension cords which run directly from portable electric fixtures toconvenience outlets, and which do not lie under rugs or other floor coverings nor extend through doorways,transoms, or other openings through structural elements.(d) Every portion of each staircase, hall, cellar, basement landing furnace room, utility room, and all similarnon-habitable space located in a dwelling shall have either natural or artificial light available at all times,with an illumination of at least two lumens per square foot (two foot-candles) in the darkest portions.(e) Every portion of any interior or exterior passageway or staircase common to two or more families in adwelling shall be illuminated naturally or artificially at all times with an illumination of at least two lumensper square foot (2 foot-candles) in the darkest portion of the normally traveled stairs and passageways. Indwellings comprising two dwelling units such illumination shall not be required at all times if separateswitches, convenient and readily accessible to each dwelling unit, are provided for the control of suchartificial light by the occupants thereof.(f) Every bathroom and water closet compartment shall have either natural or artificial light available at alltimes, with an illumination of at least three lumens per square foot (three foot-candles). Such light shall bemeasured 36 inches from the floor at the center of the room. Artificial lighting shall be controlled by a wallswitch so located as to avoid danger of electrical hazards.

Page 8 of 25N.J.A.C. 5:28N.J.A.C. 5:28-1.7New Jersey Register, Vol. 49 No. 12, June 19, 2017§ 5:28-1.7 Ventilation(a) Means of ventilation shall be provided for every habitable room. Such ventilation may be provided eitherby an easily operable window or skylight having an openable area of at least 50 percent of the minimumwindow area or minimum skylight area as required in N.J.A.C. 5:28-1.6(a), or by other means acceptableto the Administrative Authority which will provide at least two air changes per hour.(b) Means of ventilation shall be provided for every bathroom or water closet compartment. Such ventilationmay be provided either by an easily operable window or skylight having an openable area of at least 50percent of the minimum window area or minimum skylight area as required in N.J.A.C. 5:28-1.6(a), or byother means acceptable to the Administrative Authority which will provide at least six air changes per hour.

Page 9 of 25N.J.A.C. 5:28N.J.A.C. 5:28-1.8New Jersey Register, Vol. 49 No. 12, June 19, 2017§ 5:28-1.8 Heating equipment(a) Every dwelling shall have heating facilities which are properly installed, maintained in good and safeworking condition, and are capable of safely and adequately heating all habitable rooms, bathrooms, andwater closet compartments located therein to a temperature of at least 68 degrees Fahrenheit when theoutside temperature is zero degrees Fahrenheit. The temperature shall be read at a height of three feetabove floor level at the center of the room.(b) Every space heater, except electrical, shall be properly vented to a chimney or duct leading to outdoors,unless the appliance is labeled as having been tested and approved for unvented operation, in compliancewith the State Uniform Construction Code. Unvented portable space heaters that burn solid, liquid, orgaseous fuels shall be prohibited.

Page 10 of 25N.J.A.C. 5:28N.J.A.C. 5:28-1.9New Jersey Register, Vol. 49 No. 12, June 19, 2017§ 5:28-1.9 Egress(a) Every dwelling, dwelling unit, or lodging unit shall have safe and unobstructed means of egress. Suchmeans of egress shall not be through any other dwelling unit or part thereof and shall lead to a safe andopen space at ground level accessible to a street.(b) A room used for sleeping purposes under the provisions of N.J.A.C. 5:28-1.11(d) shall be provided with asafe and unobstructed means of egress leading directly to an outside area accessible to a street.(c) There shall be not fewer than two independent exits remote from each other from every floor of a buildinggreater than two stories in height having more than two dwelling and/or lodging units.

Page 11 of 25N.J.A.C. 5:28N.J.A.C. 5:28-1.10New Jersey Register, Vol. 49 No. 12, June 19, 2017§ 5:28-1.10 Maintenance(a) Every foundation, floor, wall, ceiling, door, window, roof, or other part of a building shall be kept in goodrepair and capable of the use intended by its design, and any exterior part or parts thereof subject tocorrosion or deterioration shall be kept well painted.(b) Every inside and outside stairway, every porch, and every appurtenance thereto shall be so constructed asto be safe to use and capable of supporting the load that normal use may cause to be placed thereon, andshall be kept in sound condition and good repair. Every stairway having three or more steps shall beproperly banistered and safely balustraded.(c) Every porch, balcony, roof, and/or similar place higher than 30 inches above the ground, used for egress orfor use by occupants shall be provided with adequate railings or parapets. Such protective railings orparapets shall be properly balustraded and be not less than three feet in height.(d) Every roof, wall, window, exterior door, and hatchway shall be free from holes or leaks that would permitthe entrance of water within a dwelling or be a cause of dampness.(e) Every foundation, floor, and wall of a dwelling shall be free from chronic dampness.(f) Every dwelling shall be free from rodents, vermin and insects. Rodent or vermin extermination and rodentproofing and vermin proofing may be required by the local health agency. Rodent and verminextermination shall be carried out in accordance with N.J.A.C. 5:28-1.12(k). Every openable window,exterior door, skylight, and other opening to the outdoors shall be supplied with properly fitting screens ingood repair from May 1st until October 1st of each year. Such screens shall have a mesh of not less thanNo. 16.(g) Every building, dwelling, dwelling unit and all other areas of the premises shall be clean and free fromgarbage or rubbish and hazards to safety. Lawns, hedges and bushes shall be kept trimmed and shall notbe permitted to become overgrown and unsightly. Fences shall be kept in good repair.(h) The Public Officer may order the owner to clean, repair, paint, whitewash, or paper such walls or ceilings,when a wall or ceiling within a dwelling has deteriorated so as to provide a harborage for rodents or vermin,or when such a wall or ceiling has become stained or soiled, or the plaster, wallboard, or other coveringhas become loose or badly cracked or missing. Nothing in this subsection shall be so construed as toplace upon the nonresident owner responsibilities for cleanliness contained in N.J.A.C. 5:28-1.12(f).(i)Every water closet compartment floor and bathroom floor shall be so constructed and maintained as to bereasonably impervious to water so as to permit such floor to be kept in a clean condition.

Page 12 of 25N.J.A.C. 5:28N.J.A.C. 5:28-1.11New Jersey Register, Vol. 49 No. 12, June 19, 2017§ 5:28-1.11 Use and occupancy of space(a) Every dwelling unit shall contain at least 150 square feet of floor space for the first occupant thereof and atleast 100 additional square feet of floor space for every additional occupant thereof, the floor space to becalculated on the base of total habitable room area.(b) Every room occupied for sleeping purposes by one occupant shall contain at least 70 square feet of floorspace, and every room occupied for sleeping purposes by more than one occupant shall contain at least50 square feet of floor space for each occupant thereof.(c) At least one-half of the floor area of every habitable room shall have a ceiling height of at least seven feet.The floor area of that part of any room where the ceiling is less than five feet shall not be considered aspart of the floor area in computing the total floor area in the room for the purpose of determining themaximum permissible occupancy thereof.(d) A room located in whole or in part below the level of the ground may be used for sleeping provided that thewalls and floors thereof in contact with the earth have been damp-proofed in accordance with a methodapproved by the Administrative Authority; and provided that all requirements otherwise applicable tohabitable rooms generally are satisfied.

Page 13 of 25N.J.A.C. 5:28N.J.A.C. 5:28-1.12New Jersey Register, Vol. 49 No. 12, June 19, 2017SUBCHAPTER 1. STANDARDS OF HABITABILITY§ 5:28-1.12 Responsibilities of owners and occupants(a) No owner or occupant shall cause any services, facilities, equipment, or utilities which are required underthis chapter to be removed from, shut off, or discontinued in any occupied dwelling let or occupied by himor her, except for such temporary interruption as may be necessary while actual repairs or alterations arein process or during temporary emergencies when discontinuance of service is authorized by the PublicOfficer. In the event that any service or utility which the owner has agreed to supply is discontinued, theowner shall take immediate steps to cause the restoration of such service or utility.(b) The owner of a dwelling located in an area found by the Public Officer to be infested by rats, insects, orother vermin shall carry out such rat stoppage, vermin proofing, or other means of preventing infestationsof said dwellings as may be required by the local health agency.(c) No owner shall occupy or let to an occupant any vacant dwelling unit or lodging unit unless it is clean andsanitary.(d) Every owner of a dwelling containing two or more units or lodging units shall be responsible for maintainingin a clean and sanitary condition the common areas of the dwellings and premises thereof.(e) It shall be the responsibility of the owner, unless otherwise provided for under lease agreement, to providefor the orderly maintenance of the premises. The storage of objects or materials not covered in (g) and (h)below, or not otherwise prohibited by municipal ordinance shall be done in an orderly manner so as to notconstitute a health, safety, or fire hazard.(f) Every occupant of a dwelling shall keep in a clean and sanitary condition every part of the dwelling whichhe or she occupies and controls.(g) Every occupant of a dwelling unit shall dispose of all of his or her garbage, and any other organic wastewhich might provide food for rodents, by placing it in the garbage disposal facilities or garbage storagereceptacles required by N.J.A.C. 5:28-1.5(a).(h) Every occupant of a dwelling unit shall dispose of all of his or her rubbish in a clean and sanitary manner,by placing it in the rubbish containers required by N.J.A.C. 5:28-1.5(b) and (c).(i)In dwellings containing no more than three dwelling units, it shall be the responsibility of the occupant ofeach dwelling unit to furnish the receptacles outside the dwelling unit as are needed for the storage ofgarbage and rubbish until removal from the premises. In lodging houses, and in dwellings containing fouror more dwelling units, it shall be the responsibility of the owner to furnish such receptacles outside thelodging units or dwelling units as are needed for the storage of garbage and rubbish until removed from thepremises.(j)Every occupant of a dwelling unit in a dwelling containing no more than three dwelling units shall beresponsible, unless provided for otherwise under a lease agreement, for the periodic removal of allgarbage and rubbish from the premises each week in accordance with such regulations of this Municipalityfor the collection of garbage and rubbish.(k) Every occupant of a dwelling comprising a single dwelling unit shall be responsible for the extermination ofany insects, rodents or other pests therein or on the premises; and every occupant of a dwelling unit in a

Page 14 of 25N.J.A.C. 5:28dwelling containing more than one dwelling unit shall be responsible for such extermination whenever hisor her dwelling unit is the only one infested. Notwithstanding the foregoing provisions of this subsection,whenever infestation is caused by failure of the owner to maintain a dwelling in a ratproof or reasonableinsect-proof condition, extermination shall be the responsibility of the owner. Whenever infestation existsin two or more of the dwelling units in any dwelling or in the common parts of any dwelling containing twoor more dwelling units, extermination thereof shall be the responsibility of the owner.(l)Every occupant of a dwelling unit shall keep all plumbing fixtures therein in a clean and sanitary conditionand shall be responsible for the exercise of reasonable care in the proper use and operation thereof.(m) In dwellings containing two or more dwelling units having a common source of heat for domestic hot water,it shall be the responsibility of the owner to make provision for the proper operation of such facilities at alltimes.(n) Every owner of a dwelling, who permits to be occupied any dwelling unit or lodging unit therein under anyagreement, expressed or implied, to supply or furnish heat to the occupants thereof, shall supply heatadequate to maintain therein a minimum inside temperature in all habitable rooms, bathrooms, and watercloset compartments of 68 degrees Fahrenheit between the hours of 6:00 A.M. and 11:00 P.M., and 65degrees Fahrenheit between the hours of 11:00 P.M. and 6:00 A.M., from October 1 of each year to thenext succeeding May 1.(o) In the absence of a contract or agreement to the contrary, an owner shall be obligated to provide heatwhenever heating facilities are under the control of the owner or whenever two or more dwelling units orlodging units are heated by a common facility.(p) The owner shall be responsible for compliance with all provisions of this chapter not specified as theresponsibility of occupants.

Page 15 of 25N.J.A.C. 5:28N.J.A.C. 5:28-1.13New Jersey Register, Vol. 49 No. 12, June 19, 2017§ 5:28-1.13 Conflict of ordinancesNothing in this chapter shall be construed to abrogate or impair the powers of any department of this municipality orany agency of the State of New Jersey to enforce any provisions of its charter or its ordinances, codes, regulationsor statutory provisions or to prevent or punish violations thereof.

Page 16 of 25N.J.A.C. 5:28N.J.A.C. 5:28-2.1New Jersey Register, Vol. 49 No. 12, June 19, 2017§ 5:28-2.1 Lead-safe maintenance requirements(a) Each tenant-occupied residential building constructed before 1978 shall be subject to the requirements forlead-safe maintenance contained in this section. All such buildings shall undergo a combined inspectionand risk assessment, and lead hazard control work in accordance with (b) below or shall comply with therequirements for standard treatments contained in (c) below. Following the performance of lead hazardcontrol work or standard treatments, all buildings shall be subject to the requirements for on-goingevaluation and maintenance contained in (d) below.1.The requirements of this section shall not apply to:i.Buildings, dwelling units or common areas that have been certified to be free of lead-based paint inaccordance with N.J.A.C. 5:17;ii.A seasonal rental unit which is rented for less than six months' duration each year; oriii. A dwelling unit that has been certified as having a lead-free interior in accordance with N.J.A.C.5:17.(b) Inspection, risk assessment and lead hazard control work: A combined inspection and risk assessmentshall be performed in accordance with the applicable provisions of N.J.A.C. 5:17. Data collected from aprevious inspection or risk assessment may be used. If a property or portions of a property were inspectedfor lead-based paint prior to May 16, 2005, a risk assessment shall be performed for the property orportions inspected; however, a new inspection shall not be required. For purposes of this section, "riskassessment" shall exclude testing of soil. For purposes of this section, "floors" shall include both carpetedand uncarpeted surfaces.1.Lead hazard control work to address lead-based paint hazards identified in the risk assessment shallbe conducted in accordance with the applicable provisions of N.J.A.C. 5:17 for lead-based paintabatement and in accordance with the U.S. Department of Housing and Urban Development rules (24CFR 35) for interim controls included here as subchapter Appendix 2-A, incorporated herein byreference.2.Following the performance of an inspection and risk assessment and any necessary lead hazardcontrol work, the owner shall obtain a certification that the property is free of lead-based paint hazardsissued in accordance with N.J.A.C. 5:17-3.6.(c) Standard treatments: If the owner chooses not to have an inspection and risk assessment performed, asdescribed in (b) above, the following lead hazard control requirements shall be followed for each dwellingunit and for all common areas. For each such building, the owner shall undertake periodic standardtreatments as described below.1.Standard treatments for lead safety shall be undertaken at unit turnover, unless they were undertakenless than 12 months before. Standard treatments shall be undertaken not less than once every 12months in dwelling units where the owner has been notified by a tenant that a pregnant woman or achild under the age of six years resides.2.Standard treatments shall include the following:i.Smooth and cleanable horizontal surfaces shall be provided. All horizontal surfaces, such asfloors, stairs, interior window sills and window troughs, that are rough, pitted or porous, shall be

Page 17 of 25N.J.A.C. 5:28covered with a smooth, cleanable covering or coating, such as metal coil stock, plastic,polyurethane or linoleum;(1) If carpet is to remain, wipe samples shall be collected from the carpeted surfaces. For testresults that indicate lead levels above the clearance levels specified in N.J.A.C. 5:17, thecarpet shall be removed.(A) If carpet is to be removed and replaced with new carpet, the padding beneath thecontaminated carpet shall also be replaced and the floor below shall be tested and shallnot exceed the clearance levels set forth in N.J.A.C. 5:17.ii.Conditions of rubbing, binding, friction or crushing of painted surfaces shall be corrected;iii. Specialized cleaning shall be performed in accordance with (c)2iii(1) through (3) below.(1) The work area shall be vacuumed with a HEPA vacuum cleaner as follows:(A) HEPA vacuuming shall be sequenced to avoid passing through rooms already cleaned.The entryway shall be vacuumed last; and(B) In each room, vacuuming shall begin with the ceiling and shall proceed down the walls.Every surface shall be vacuumed including, but not limited to, ceiling, walls, windows,window sills, exterior sills, window wells, doors, heating and air conditioning equipment,fixtures, such as light fixtures, and built-in appliances. Floors shall be the final surfacevacuumed.(2) The work area(s) shall be wet washed with a detergent solution such as trisodium phosphate,formulated to bind lead. An original, marked container showing the nature of the formula andany necessary precautions shall be available at the work site. The name of the product usedand its manufacturer shall be included in the records retained by the owner.(A) In each room, the wet wash process shall begin with the ceiling and work down to the floorfollowing the sequence in (c)2iii(1)(A) and (B) above.(B) String mops and mop buckets with wringers are required for wet washing floors. Spongemops shall not be used.(3) When dry, the abated area(s) shall be HEPA vacuumed again, following the sequence in(c)2iii(2)(A) and (B) above; andiv. Maintenance staff trained in accordance with N.J.A.C. 5:28-2.1(g) or a lead evaluation firmcertified in accordance with N.J.A.C. 5:17 shall perform dust wipe sampling per N.J.A.C. 5:17-9.1,Table 9.1 for Single Surface Wipe Samples, if standard treatments are performed that disturbpainted surfaces that total two square feet or more in any one interior room space, or ten percentor more of the total surface area of an interior component with a small surface area, including, butnot limited to, window sills, baseboards or trim. The results shall not exceed the levels establishedin N.J.A.C. 5:17.(d) On-going evaluation and maintenance, as described below, shall be required for all buildings.1.A visual examination for deteriorated paint shall be performed by the owner at unit turnover or everytwelve months, whichever comes first.2.Deteriorated paint and the causes of deterioration shall be promptly and safely repaired in accordancewith the requirements of (i) below.i.Painted surfaces shall be made intact by paint stabilization, enclosure, encapsulation or removal.ii.The causes of paint deterioration shall be diagnosed and corrected.iii. Dust wipe testing shall be performed in accordance with (d)2iii(1) through (4) below when the workis complete to ensure that the lead dust levels do not exceed the lead hazard levels established byN.J.A.C. 5:17. If the level exceeds the lead hazard level established by N.J.A.C. 5:17, cleaning

Page 18 of 25N.J.A.C. 5:28and retesting shall be performed until the results of testing demonstrate lead levels below thestandard.(1) Dust wipe sampling shall be performed following the first 20 maintenance activities. Ninety-fivepercent of these samples taken shall meet the clearance levels set forth at N.J.A.C. 5:17.(2) If the 95 percent accuracy level is reached, dust wipe sampling shall be performed followingfive percent of maintenance activities performed and samples shall be ordered on a randombasis. A 95 percent accuracy level shall be maintained.(3) If the accuracy level falls below 95 percent or if a 95 percent accuracy level was not achievedfollowing the first 20 maintenance activities, dust wipe sampling shall be performed followingall maintenance activities until the 95 percent accuracy level is reached.(4) Property owners shall be required to maintain records of all dust wipe sampling performed.(e) Th

Page 3 of 25 N.J.A.C. 5:28 "Rubbish" shall mean and include all combustible and noncombustible waste material, except garbage. "Utilities" shall mean and include electric, gas, heat

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